ICC judges decline to release former Philippine President Rodrigo Duterte, citing flight risk

Philippine President Rodrigo Duterte addresses the troops during the 82nd anniversary celebration of the Armed Forces of the Philippines in suburban Quezon city northeast of Manila, Philippines on Dec. 20, 2017. (AP Photo/Bullit Marquez, File)

THE HAGUE, Netherlands — Judges at the International Criminal Court on Friday rejected a request from former Philippine President Rodrigo Duterte to be released from detention, finding he was likely to refuse to return for trial and could use his freedom to intimidate witnesses.

Prosecutors at the ICC accuse Duterte of crimes against humanity for the deadly anti-drugs crackdowns he oversaw while in office, first as the mayor of a southern city and later as president.

Duterte’s legal team asked a pre-trial panel of judges to release the octogenarian, arguing he was in frail health and his condition was deteriorating in the court’s detention unit.

A panel of pretrial judges rejected the request, writing in a 23-page decision that, as a former president, Duterte “appears to have the necessary political contacts” to “help him abscond.”

The decision also points to the possibility that Duterte might use his freedom to interfere with the legal process. If he is released, judges wrote, there is a chance he would “pose a threat to (potential) witnesses, either directly or indirectly through his supporters.”

Duterte’s lawyer, Nick Kaufman, told The Associated Press the decision was “erroneous” and criticized keeping “a debilitated and cognitively impaired 80-year-old” in detention.

Last month, judges postponed a hearing until a full medical assessment could be made. According to defense filings, Duterte’s “cognitive faculties” have declined to a level that he cannot assist his lawyers.

Rights groups and families of victims hailed Duterte’s arrest in March, and the court’s chief prosecutor, Karim Khan, called it “a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction.”

Two organizations supporting the families of suspects killed in Duterte’s crackdown hailed the court’s decision as “a resounding victory for justice and accountability.”

In a joint statement, SENTRO and the CATW-AP said, “The ICC’s ruling reaffirms a simple but powerful truth: no one, not even a former head of state, is above the law.”

According to a filing last month, ICC prosecutors claim Duterte instructed and authorized “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.”

The ICC opened an inquiry in 2021 into mass killings linked to the so-called war on drugs overseen by Duterte when he served as mayor of the southern Philippine city of Davao and later as president.

Estimates of the death toll during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported and up to 30,000 claimed by human rights groups.

Molly Quell, The Associated Press